In India, acquiring a gun licence is an absolute privilege. The attainment of such a licence is governed under the Arms Act of 1959. Civilians in India can procure a licence only under certain strict conditions, such as a threat to their life. The process is equally tedious, long and expensive.
An application for the grant of licence is made to the licensing authority and is accompanied by a fee, if any, as may be prescribed. In Delhi, the authority is A.D.C.P (Licensing), while other metropolises necessitate applications at the local D.C.P (Licensing) office. Non-metro denizens should direct their aspirations to the office of their local S.D.M (Sub-Divisional Magistrate). For people living in non-metro cities, they would need to apply at the office of their local S.D.M (Sub-Divisional Magistrate).
On receipt of an application, the licensing authority calls for the report of the Officer in charge of the nearest police station on that application, and such Officer shall send his report within the prescribed time. This is done basically for the Police verification procedure. They basically check for any criminal record or not and the authenticity of all information declared in the application. Persons with past criminal records are not eligible for arms licenses. In almost all cases a policeman will go to each of the addresses supplied and probably even ask your neighbors about your & quot moral character& quot . The applicant must declare all addresses that he/ she has resided at during the last 5 years along with the time period and duration from-to for each address. A verification report will be requested from the relevant local Police Stations at all the addresses provided by you. This is where most license application files & quot get lost& quot in transit.
After such inquiry, the Licensing Authority may grant or refuse to grant the licence by order in writing after considering the report received and all the necessary aspects. In a recent case, the Allahabad High Court held that an arms licence can be cancelled while a criminal case is pending if the applicant's conduct is detrimental to the safety and peace of the public.
There are several documents that are essential in order to obtain an arms license and thereafter acquire a pistol/handgun / shotgun/rifle.
The Purposes of Lawful Firearms Ownership: Target-shooting and for personal protection. You will have to prove the justifiable reasons for Self & ndash defense. Firearm ownership is not permitted for the purposes of collecting or for hunting of animals for sport or food.
The Arms act 1959, divides the firearm license into two types-
Guns permitted for use by civilians are Shotguns, Handguns, and sporting rifles. Civilians can hold a maximum of THREE arms licenses. There is no limitation as to what combination of 3 can be held, so in theory, a person may very well use his three permitted arms licenses to hold: - 1 handgun + 1 shotgun + 1 rifle (which is what most people do, but there is no legal necessity to adhere to this particular combination) OR 3 handguns OR 2 handguns + 1 rifle OR 2 handguns + 1 shotgun OR 3 rifles OR 2 rifles + 1 handgun OR 2 rifles + 1 shotgun OR 3 shotguns OR 2 shotguns + 1 handgun OR 2 shotguns + 1 rifle
The eligibility criteria for procuring an arms license in India varies from state to state, but the following factors remain common to most states and are governed by the arms rules 2016:
1. Citizenship of India which can be proved through documentary evidence. An overseas citizen of India may also be granted a license upon providing proof of his/her permanent place of residence. Further, such licenses can also be obtained by tourists for limited purposes.
2. A minimum of 21 years of age, with the exception in case of a license being obtained for shooting sports by persons above the age of 12 years.
In addition, arms licenses are granted by the authorities for limited purposes which include the following:
1. License for self-defense - persons who due to the nature of their profession, job, business, etc., or otherwise require a firearm to protect their life and/or property. Licenses under this category are also issued to persons in service or who have served in the Defence Forces, Central Armed Police Forces, or the State Police Force and therefore require a firearm to protect their life and/or property.
2. License for the destruction of wild animals which damage crops and/or injure people or cattle & ndash the grant of licenses for this purpose is subject to all the provisions of the Wild Life (Protection) Act, 1972, and a person seeking to procure such license has to state the details of the land and cultivation requiring protection as well.
3. Licenses for training and target practice & ndash such licenses are granted to persons between the ages of 12 and 21 upon such applicant furnishing proof of his/her participation in sports shooting events. Further, such persons are only permitted to use a firearm under the immediate presence and/or supervision of an adult instructor.
4. License for sport shooting associations & ndash under this category, licenses can be obtained by any sports shooting club or military mess affiliated to the respective state rifle association or the national rifle association.
5. License for shooting ranges & ndash such licenses can be obtained by both indoor and outdoor shooting ranges and their grant is subject to the applying shooting ranges meeting the technical and security stands specified by the government in this regard.
6. License for accredited trainers & ndash shooting trainers can obtain licenses under this category for becoming accredited trainers upon passing an exam and undergoing requisite training in this regard.
7. License to museums & ndash museums can seek licenses for lawfully displaying firearms for the public and are required to meet a plethora of requirements laid down under the arms rules to be granted a such license.
8. License for arms and ammunition for theatrical, film, or television productions & ndash licenses granted for such purpose are subject to the restriction that no live ammunition can be used for firearms under such license.
9. License for acquisition, possession, and export but not use to tourists visiting India & ndash tourists may also be granted arms licenses in India for the sole purpose of acquisition, possession, and export but the license does not permit the use of such firearms by tourists. Further, these licenses cannot be granted for the export of arms that fall under the definition of & lsquo antiquity' under the Antiquities and Art Treasures Act, 1972.
10. License to international sports persons for participating in shooting events held in India & ndash These licenses are granted to sports persons participating in shooting events organized by any organization which is recognized by the Indian Ministry of Sports and Youth Affairs, Government of India.
11. License for legal heirs of licensees - this permits legal heirs of licensees to apply for a license upon the demise of the licensee or upon the licensee attaining the age of 70 years or on holding the firearm for a period of 25 years, whichever is earlier.
In India, license fee at the time of grant of Handguns (i.e. Revolvers / Pistols, both restricted or permissible), Centrefire rifles, breach loading center fire rifles, 0.22 bore rim-fire rifles, smooth bore breach loading shotguns and Air Weapons (including air rifles and air guns) is Rs. 1000. Renewal fee for each subsequent year for the weapons mentioned above varies between Rs. 500-2000 and renewal fee for 3 years varies from Rs. 1500-3000.
Once the arms license is acquired from the appropriate authority, the weapon can be purchased from any authorized dealer or licensee. Prices for different weapons vary. Approximate prices for the following guns have been stated below:
Q.1 Can I carry my father's gun in India?
A. No one can have in their possession or carry a gun unless he/she holds a licence issued in accordance with the Arms laws in India. Q.2 What is the age limit for gun license in India?
A. In order to obtain a gun licence in India, the applicant must above the age of 21 years. Q.3 Can a normal person get gun license in India?
A. An individual must be an Indian citizen and above the age of 21 years in order to get a gun licence in India. Moreover, there are certain reasons stated in the Arms rules for which an individual can get a licence. These include destruction of untamed animals, licence for training purposes, self defence, general security, etc. Hence, one cannot get a licence just like that without any reason. Q.4 Can we carry license gun in flight?
A. In most flights, it may be allowed only with special permissions that too only in checked in baggage and not in hand baggage. Q.5 What is the punishment for illegal possesion of arms?
A. According to Section 25 of the Arms Act whoever has in possession any such arms that are prohibited or in contravention of section 7 of the Act, shall be punishable with imprisonment for a term more than 7 years which may extend to 14 years and also fine. Q.6 How many guns can a person own in India?
A. One person can only hold a total of two licenced firearms in India. Q.7 Can I get a gun for personal protection?
A. Yes. Q.8 Do I need NOC for gun license
One may need to provide an NOC depending upon the State and the circumstances that a person is applying in. Q.9 How much time does it take for the decision of granting or rejection of arms licence?
A. Generally, it takes 30 days for Police Verification after the application is received. It takes 60 days for granting or refusal of arms licence on receipt of the Police report as per the Arms Rules. Q.10 Can an NRI get a gun licence in India?
A. Yes, any Indian who is returning to India and owned a gun in his foreign residence for more than 2 years, can apply for an Indian license and bring back the gun they owned in the other country.
In India, acquiring a gun licence is an absolute privilege. The attainment of such a licence is governed under the Arms Act of 1959. Civilians in India can procure a licence only under certain strict conditions, such as a threat to their life. The process is equally tedious, long and expensive.
An application for the grant of licence is made to the licensing authority and is accompanied by a fee, if any, as may be prescribed. In Delhi, the authority is A.D.C.P (Licensing), while other metropolises necessitate applications at the local D.C.P (Licensing) office. Non-metro denizens should direct their aspirations to the office of their local S.D.M (Sub-Divisional Magistrate). For people living in non-metro cities, they would need to apply at the office of their local S.D.M (Sub-Divisional Magistrate).
On receipt of an application, the licensing authority calls for the report of the Officer in charge of the nearest police station on that application, and such Officer shall send his report within the prescribed time. This is done basically for the Police verification procedure. They basically check for any criminal record or not and the authenticity of all information declared in the application. Persons with past criminal records are not eligible for arms licenses. In almost all cases a policeman will go to each of the addresses supplied and probably even ask your neighbors about your & quot moral character& quot . The applicant must declare all addresses that he/ she has resided at during the last 5 years along with the time period and duration from-to for each address. A verification report will be requested from the relevant local Police Stations at all the addresses provided by you. This is where most license application files & quot get lost& quot in transit.
After such inquiry, the Licensing Authority may grant or refuse to grant the licence by order in writing after considering the report received and all the necessary aspects. In a recent case, the Allahabad High Court held that an arms licence can be cancelled while a criminal case is pending if the applicant's conduct is detrimental to the safety and peace of the public.
There are several documents that are essential in order to obtain an arms license and thereafter acquire a pistol/handgun / shotgun/rifle.
The Purposes of Lawful Firearms Ownership: Target-shooting and for personal protection. You will have to prove the justifiable reasons for Self & ndash defense. Firearm ownership is not permitted for the purposes of collecting or for hunting of animals for sport or food.
The Arms act 1959, divides the firearm license into two types-
Guns permitted for use by civilians are Shotguns, Handguns, and sporting rifles. Civilians can hold a maximum of THREE arms licenses. There is no limitation as to what combination of 3 can be held, so in theory, a person may very well use his three permitted arms licenses to hold: - 1 handgun + 1 shotgun + 1 rifle (which is what most people do, but there is no legal necessity to adhere to this particular combination) OR 3 handguns OR 2 handguns + 1 rifle OR 2 handguns + 1 shotgun OR 3 rifles OR 2 rifles + 1 handgun OR 2 rifles + 1 shotgun OR 3 shotguns OR 2 shotguns + 1 handgun OR 2 shotguns + 1 rifle
The eligibility criteria for procuring an arms license in India varies from state to state, but the following factors remain common to most states and are governed by the arms rules 2016:
1. Citizenship of India which can be proved through documentary evidence. An overseas citizen of India may also be granted a license upon providing proof of his/her permanent place of residence. Further, such licenses can also be obtained by tourists for limited purposes.
2. A minimum of 21 years of age, with the exception in case of a license being obtained for shooting sports by persons above the age of 12 years.
In addition, arms licenses are granted by the authorities for limited purposes which include the following:
1. License for self-defense - persons who due to the nature of their profession, job, business, etc., or otherwise require a firearm to protect their life and/or property. Licenses under this category are also issued to persons in service or who have served in the Defence Forces, Central Armed Police Forces, or the State Police Force and therefore require a firearm to protect their life and/or property.
2. License for the destruction of wild animals which damage crops and/or injure people or cattle & ndash the grant of licenses for this purpose is subject to all the provisions of the Wild Life (Protection) Act, 1972, and a person seeking to procure such license has to state the details of the land and cultivation requiring protection as well.
3. Licenses for training and target practice & ndash such licenses are granted to persons between the ages of 12 and 21 upon such applicant furnishing proof of his/her participation in sports shooting events. Further, such persons are only permitted to use a firearm under the immediate presence and/or supervision of an adult instructor.
4. License for sport shooting associations & ndash under this category, licenses can be obtained by any sports shooting club or military mess affiliated to the respective state rifle association or the national rifle association.
5. License for shooting ranges & ndash such licenses can be obtained by both indoor and outdoor shooting ranges and their grant is subject to the applying shooting ranges meeting the technical and security stands specified by the government in this regard.
6. License for accredited trainers & ndash shooting trainers can obtain licenses under this category for becoming accredited trainers upon passing an exam and undergoing requisite training in this regard.
7. License to museums & ndash museums can seek licenses for lawfully displaying firearms for the public and are required to meet a plethora of requirements laid down under the arms rules to be granted a such license.
8. License for arms and ammunition for theatrical, film, or television productions & ndash licenses granted for such purpose are subject to the restriction that no live ammunition can be used for firearms under such license.
9. License for acquisition, possession, and export but not use to tourists visiting India & ndash tourists may also be granted arms licenses in India for the sole purpose of acquisition, possession, and export but the license does not permit the use of such firearms by tourists. Further, these licenses cannot be granted for the export of arms that fall under the definition of & lsquo antiquity' under the Antiquities and Art Treasures Act, 1972.
10. License to international sports persons for participating in shooting events held in India & ndash These licenses are granted to sports persons participating in shooting events organized by any organization which is recognized by the Indian Ministry of Sports and Youth Affairs, Government of India.
11. License for legal heirs of licensees - this permits legal heirs of licensees to apply for a license upon the demise of the licensee or upon the licensee attaining the age of 70 years or on holding the firearm for a period of 25 years, whichever is earlier.
In India, license fee at the time of grant of Handguns (i.e. Revolvers / Pistols, both restricted or permissible), Centrefire rifles, breach loading center fire rifles, 0.22 bore rim-fire rifles, smooth bore breach loading shotguns and Air Weapons (including air rifles and air guns) is Rs. 1000. Renewal fee for each subsequent year for the weapons mentioned above varies between Rs. 500-2000 and renewal fee for 3 years varies from Rs. 1500-3000.
Once the arms license is acquired from the appropriate authority, the weapon can be purchased from any authorized dealer or licensee. Prices for different weapons vary. Approximate prices for the following guns have been stated below:
Q.1 Can I carry my father's gun in India?
A. No one can have in their possession or carry a gun unless he/she holds a licence issued in accordance with the Arms laws in India. Q.2 What is the age limit for gun license in India?
A. In order to obtain a gun licence in India, the applicant must above the age of 21 years. Q.3 Can a normal person get gun license in India?
A. An individual must be an Indian citizen and above the age of 21 years in order to get a gun licence in India. Moreover, there are certain reasons stated in the Arms rules for which an individual can get a licence. These include destruction of untamed animals, licence for training purposes, self defence, general security, etc. Hence, one cannot get a licence just like that without any reason. Q.4 Can we carry license gun in flight?
A. In most flights, it may be allowed only with special permissions that too only in checked in baggage and not in hand baggage. Q.5 What is the punishment for illegal possesion of arms?
A. According to Section 25 of the Arms Act whoever has in possession any such arms that are prohibited or in contravention of section 7 of the Act, shall be punishable with imprisonment for a term more than 7 years which may extend to 14 years and also fine. Q.6 How many guns can a person own in India?
A. One person can only hold a total of two licenced firearms in India. Q.7 Can I get a gun for personal protection?
A. Yes. Q.8 Do I need NOC for gun license
One may need to provide an NOC depending upon the State and the circumstances that a person is applying in. Q.9 How much time does it take for the decision of granting or rejection of arms licence?
A. Generally, it takes 30 days for Police Verification after the application is received. It takes 60 days for granting or refusal of arms licence on receipt of the Police report as per the Arms Rules. Q.10 Can an NRI get a gun licence in India?
A. Yes, any Indian who is returning to India and owned a gun in his foreign residence for more than 2 years, can apply for an Indian license and bring back the gun they owned in the other country.
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These guides are not legal advice, nor a substitute for a lawyer
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